PARMESHWAR Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) RULE . With the consent of counsel for the parties, present writ petition is set down for final hearing and disposal.

(2.) PRESENT petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents to compensate him for the loss of life of his son, who was 12 years of age, at the time of his death and for the harassment suffered by him. The petitioner also seeks a direction to the respondents to be diligent in execution of their duties and responsibility and remove all stray/wild animals from the residential colony of Madanpur Khadar in order to ensure the safety of the residents.

(3.) LEARNED counsel for the petitioner submits that the respondents have been neglecting to perform their duties as presence of such animal is banned in the residential areas. Reliance is placed by counsel for the petitioner on the allotment letter dated 11.6.2001 issued by the DDA to the petitioner pertaining to the allotment of temporary plot to the petitioner in lieu of jhuggi of the petitioner. As per condition no.7 of the said allotment letter the allotted persons were not permitted to keep on the plot or nearby, animals like, cows, buffalos, pigs, etc., and, thus, the presence of such animals on the residential land allotted to the petitioner and other persons is unwarranted and if such animals are present it is the duty and the responsibility of the civil authorities to remove them in order to ensure safety of the residents of the locality. Counsel next contends that the cause of the death of the petitioner's son is the direct consequence of the carelessness of the respondents and had the respondents carried out their task of rounding up and removing stray animals from residential colonies diligently, the petitioner's son would not have lost his life. It is also submitted that Akash was the only child of the petitioner, who was pursuing academics, he would have had a bright future, he would have been the sole bread winner of his family and supported his parents in their old age had his life not been cut short due to the gross negligence displayed by the civic authorities.